Part 2

Extradition to category 2 territories

Arrest

Person arrested under section 71
72
1
This section applies if a person is arrested under a warrant issued under section 71.
2
A copy of the warrant must be given to the person as soon as practicable after his arrest.
3
The person must be brought as soon as practicable before the appropriate judge.
4
But subsection (3) does not apply if—
a
the person is granted bail by a constable following his arrest, or
b
the Secretary of State decides under section 126 that the request for the person’s extradition is not to be proceeded with.
5
If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.
6
If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.
7
When the person first appears or is brought before the appropriate judge, the judge must—
a
inform him of the contents of the request for his extradition;
b
give him the required information about consent;
c
remand him in custody or on bail.
8
The required information about consent is—
a
that the person may consent to his extradition to the category 2 territory to which his extradition is requested;
b
an explanation of the effect of consent and the procedure that will apply if he gives consent;
c
that consent must be given in writing and is irrevocable.
9
If the person is remanded in custody, the appropriate judge may later grant bail.
10
Subsection (4)(a) applies to Scotland with the omission of the words “by a constable”.
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
Words in s. 72(9) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))